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On July 14, 2022, the Commission initiated an inquiry into steps that the Commission could take to assist survivors of domestic violence.   In the Notice of Inquiry, the Commission sought information on the scope of connectivity-based difficulties survivors face, as well as potential means by which current Commission programs could be better adapted and new programs could be developed to address survivors’ needs. In particular, the Commission sought comment relating to potentially developing a centralized database of telephone numbers relating to domestic abuse support that could be used by service providers to prevent survivors’ communications with support organizations from appearing on logs of calls and text messages that may be available to abusers.

In the NPRM, the Commission begins the process of implementing the Safe Connections Act of 2022 (Safe Connections Act), enacted on December 7, 2022.  The legislation amends the Communications Act of 1934 (Communications Act) to require mobile service providers to separate the line of a survivor of domestic violence (and other related crimes and abuse), and any individuals in the care of the survivor, from a mobile service contract shared with an abuser within two business days after receiving a request from the survivor.  The Safe Connections Act also directs the Commission to issue rules, within 18 months of the statute’s enactment, implementing the line separation requirement.  Further, the legislation also requires the Commission to open a rulemaking within 180 days of enactment to consider whether to, and how the Commission should, establish a central database of domestic abuse hotlines to be used by service providers and require such providers to omit, subject to certain conditions, any records of calls or text messages to the hotlines from consumer-facing call and text message logs.  The NPRM proposes rules as directed by these statutory requirements.

On November 16, 2023, the Commission released a Report and Order.  The rules largely track the statutory language, with key additions and clarifications to address privacy, account security, fraud detection, and operational or technical infeasibility.  Among other things, the Commission established requirements regarding the information that survivors must submit to request a line separation and the options providers must offer to survivors making a line separation request.  The Commission also adopted requirements regarding communications with consumers and survivors and restrictions on various practices in connection with line separation requests.  In addition, the Commission required covered providers to train employees who may interact with survivors on how to assist them or direct them to other employees who have received such training.  The Commission also delineated the financial responsibilities for monthly service costs and mobile device following a line separation, and established a compliance date of July 14, 2024, six months after the effective date of the Report and Order . Further, the Commission designated the Lifeline program to support emergency communications service for survivors that have pursued the line separation process and are suffering a financial hardship.  The Commission directed USAC to develop processes to allow survivors experiencing financial hardship to apply for and enroll in the Lifeline program, and to transition survivors from emergency communications support at the end of the six-month emergency support period mandated by the Safe Connections Act. [1]   With regard to protecting the privacy of calls and text messages to domestic violence hotlines, the Commission required covered providers and wireline, fixed wireless, and fixed satellite providers of voice service to:  (1) omit from consumer-facing logs of calls and text messages any records of calls or text messages to covered hotlines in the central database established by the Commission; and (2) maintain internal records of calls and text messages excluded from consumer-facing logs of calls and text messages.   Providers were generally given 12 months to comply with these requirements, except that small service providers were given 18 months.

[1] Id. at paras. 167-73.  In addition to these provisions, the Commission also considered matters relating to protecting the privacy of calls and text messages to domestic violence hotlines.  In the Safe Connections Report and Order , the Commission required covered providers and wireline, fixed wireless, and fixed satellite providers of voice service to:  (1) omit from consumer-facing logs of calls and text messages any records of calls or text messages to covered hotlines in the central database established by the Commission; and (2) maintain internal records of calls and text messages excluded from consumer-facing logs of calls and text messages.  Id. at 59-76, paras. 105-49.  Providers were generally given 12 months to comply with these requirements, except that small service providers were given 18 months.  Id. at 70-74, paras. 137-44.

Overall Description of Deadline: The Commission must establish rules implementing 47 U.S.C. section 345 by the deadline. No deadline applies to considering rules ensuring the privacy of calls and texts messages to domestic abuse hotlines now that the Notice of Proposed Rulemaking has been adopted and released.